Fillable Printable Divorce or Legal Separation - California

Divorce or Legal Separation - California

ATTACHMENT FM-1052

SUPERIOR COURT OF CALIFORNIA, CO UNTY OF SANTA CLAR A

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

FOR COURT USE ONLY

FAMILY LAW JUDGMENT CHECKLIST

DISSOLUTION (DIVORCE ), LEGAL SEPARATION AND

DOMESTIC PARTNERSHIP

CASE NUMBER:

Attorney/Mediator Self-Represented Party

INSTRUCTIONS:

Use this checklist to show the Court that you have turned in all the forms needed to get a Judgment in your case.

There are four types of cases:

1. True Default - no Response filed, no written agreement

2. Status only Judgment - termination of marriage is the only issue

3. Default case with written agreement - no Respon se filed

4. Uncontested - appearance by both parties and a written agre ement.

Check the box below for your type of case (one of the four listed above). Then complete all the items in that

checklist. You only need to complete the checklist for your case type. All items must be completed either by

checking each line to indicate you have filed that form or by marking “N/A” to say that an item is not applicable.

Submit an additional copy of page 1 of the Judgment.

So that we can get your forms back to you, please turn in an envelope that is addressed to you, is large enough

and has enough postage. If you do not want your forms mailed, give us other instructions.

TRUE DEFAULT CASE (no res ponse filed and NO WRITTEN AG REEMENT between the parties)

1. Proof of Service of Summons [FL-115] (ch eck on e of the following):

Personal Service [FL-115]

Notice and Acknowledgment of Receipt attached [FL-117]

Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]

Other, (please describe)

Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid

Income and Expense Declaration [FL-150]

(if you are requesting spousal suppo rt or attorney fees/costs)

Financial Statement (simplified) [FL-155]

(if you have a minor child, you are

not requesting spousal support or attorney fees/costs, and you

qualify for this form according to the instructions on page 2 of the form; if you have a minor child and

you do not qualify, you must complete an Income and Expense Declaration)

Property Declaration [FL -1 60]

(if you have requested any property in your petition )

FM-1052 REV 1/01/13

FAMILY LAW JUDGMENT CHECKLIST Page 1 of 4

Dissolution (Div orce), Legal Separation and Domestic Partnership

ATTACHMENT FM-1052

FM-1052 REV 1/01/13

FAMILY LAW JUDGMENT CHECKLIST Page 2 of 4

Dissolution (Div orce), Legal Separation and Domestic Partnership

Declaration for Default or Un contested Dissolution/Legal Separation [FL-170]

4. Declaration Regarding Service of Petitioner’s (Preliminary) Declaration of Disclo sure [FL-141] (submit

endorsed-filed copy if prev iously filed)

Declaration Regarding Service of Petitioner’s (Final) Declaration of Disclosure or Waive r of Final

Declaration of Disclosure [FL-141]

Judgment [FL-180]

(You must request that spousal support be ordered, terminated or reserved for both partie s )

If you are requesting property division include Property Order Attachment [FL-345]

7. The marriage/partnership is over 10 years in duration, or termination of spousal/partner support for the

respondent is requested, include:

Spousal or Partnership Su pport Declarat ion Attachment [FL-157]

Current Income & Expense Declaration [FL-150]

Spousal, Partner, or Family Support Order Attachm en t [FL-343] or other proposed written order (attach to

Judgment)

8. If there are minor children in the case attach a:

Child Custody and Visitation Attachment [FL-341]

Child Support Order Attachment [FL-342]

Guideline Child Support Calculation (Judicial Council approved software)

Non-Guideline Child Support Findings Attachment [FL-342(A)]

Notice of Rights and Re sponsibilities/Information Sheet on Changi ng a Child Support Order [FL-192]

Child Support Case Re gistry Form [FL-191]

Order/Notice to Withhold Income [FL-195]

Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each p arty)

10. Other (Identify any optional form included):

STATUS ONLY JUDGME NT (Termination of marriage is the only issue addressed)

1. Proof of Service of Summons [FL-115] (check one of the followin g):

Personal Service [FL-115]

Notice and Acknowledgment of Receipt attached [FL-117]

Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]

Other, (please describe)

2. Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid

Income and Expense Declaration [FL-150]

(If you are requesting spousal support or attorney fees/costs)

Financial Statement (simplified) [FL-155]

(if you have a minor child, you are

not requesting spousal support or attorney fees/costs, and you

qualify for this form according to the instructions on page 2 of the form; if you have a minor child and

you do not qualify, you must complete an Income Expense Declaration)

Property Declaration [FL -1 60]

(If you have requested any property in your Petition)

ATTACHMENT FM-1052

FM-1052 REV 1/01/13

FAMILY LAW JUDGMENT CHECKLIST Page 3 of 4

Dissolution (Div orce), Legal Separation and Domestic Partnership

Appearance, Stipulation, and Waive rs [FL-130] (if Respo nse was filed)

4. Declaration for Default or Uncontested Dissolution/L egal Separation [FL-170]

Declaration Regarding Service of Petitioner’s (Preliminary) Declarat ion of Disclosure [FL-141]

Also need Respondent’s Declaration if a Response was filed.

Stipulation and/or Order for Bifurcation (pleading form)

Judgment [FL-180], with the Bifurcation of Status of Marriage or Domestic Partn ership [FL-34 7] attached

Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each party)

If either party has a retirement plan (if you do not check this box, you are certifying that neither party has

a retirement plan)

All retirement plans must be joined to the proceeding pursuant to Family Cod e §2337(d)(1), AND

The Status-Only Judgment includes an order disposing of each party’s interest in retirement plans

benefits, including survivor or death benefits, OR

The Status-Only Judgment includes an interim order [on FL-347] preserving the nonemployee party’s

right to retirement plan benefits, including survivor and death benefits, pending entry of judgment on

all remaining issues, OR

The Status-Only Judgment includes the Pension Benefits – Attachment to Judgment [FL-348]

DEFAULT CASE WITH WRITTE N AGREEMENT (no response filed)

Proof of Service of Summons [FL-115] (check one of the following):

Personal Service [FL-115]

Notice and Acknowledgment of Receipt attached [FL-117]

Service out-of-state by certified mail with receipt attached [FL-115 or out-of-state form]

Other (please describe)

Request to Enter Default [FL-165] with one (1) self-addressed envelope with postage prepaid

Income and Expense Declaration [FL-150]

(if you are requesting spousal support or attorney fees/costs)

Financial Statement (simplified) [FL-155]

(if you have a minor child, you are

not requesting spousal support or attorney fees/costs, and you

qualify for this form according to the instructions on page 2 of the form; if you have a minor child and

you do not qualify, you must complete an Income Expense Declaration)

Property Declaration [FL -1 60]

(if you have requested any property in your petition )

Written Agreement

Declaration for Default or Uncontested Dissolution/L egal Separation [FL-170]

Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure

[FL-141]

Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]

or Waiver of Final Declaration of Disclosure [FL-144]

Judgment [FL-180] with written agreement

(must address issues regarding spousal support and property division)

Signature(s) are notari zed for self-represented parties

Attorney has signed an d approved Judgment for represe nted party

ATTACHMENT FM-1052

FM-1052 REV 1/01/13

FAMILY LAW JUDGMENT CHECKLIST Page 4 of 4

Dissolution (Div orce), Legal Separation and Domestic Partnership

6a. If there are minor children:

Child Support - State whether child sup port is at guideline amount or not and in clude language

required in Family Code § 4065

If below guideline, attach guideline support calculation (Judicial Council approved software)

Medical insurance and uninsu red health care co sts addressed

Notice of Rights and Re sponsibilities/Information Sheet on Changi ng a Child Support Order [FL-192]

Child Support Case Re gistry Form [FL-191]

Order/Notice to Withhold Income [FL-195]

7. Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each p arty)

UNCONTESTED CASE (Response or Appearance, Stipulation and Waiv ers filed by Respondent and a

written agreement)

Appearance, Stipulations, and Waivers [FL-130] (along with Resp ondent’s first appearance fe e if not

already paid)

Declaration for Default or Uncontested Dissolution/L egal Separation [FL-170]

Declaration Regarding Service of Petitioner’s and Respondent’s (Preliminary) Declaration of Disclosure

[FL-141]

4. Declaration Regarding Service of Petitioner’s and Respondent’s (Final) Declaration of Disclosure [FL-141]

or Waiver of Final Declaration of Disclosure [FL-144]

Judgment [FL-180] with written agreement

(Spousal sup port and property division issue s are addressed)

Signature(s) are notari zed for self-represented parties

Attorney has signed an d approved Judgment for represe nted party

5a. If there are minor children:

Child custody/visitation and Family Code §3048 issues are a ddressed

Child Support - State whether child sup port is at guideline amount or not and in clude language

required in Family Code § 4065

If below guideline, attach guideline support calculation (Judicial Council approved software)

Medical insurance and uninsu red health care co sts addressed

Notice of Rights and Re sponsibilities/Information Sheet on Changi ng a Child Support Order [FL-192]

Child Support Case Re gistry Form [FL-191]

Order/Notice to Withhold Income [FL-195]

Notice of Entry of Judgment [FL-190] and two (2) self-addressed stamped envelopes (one for each p arty)

I certify that all of the information indica ted in this checklist has been pro vid ed to the court.

Date:

Submitting party’s signature